Call to Order and Roll Call
The August meeting of the Administrative Regulation Review Subcommittee was held on Thursday, August 7, 2014, at 1:00 PM, in Room 154 of the Capitol Annex. Representative Mary Lou Marzian, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Perry B. Clark, Sara Beth Gregory, and Alice Forgy Kerr; Representatives Jimmie Lee, and Tommy Turner.
Guests: Sherman Nave, Gina Richey, Department of Revenue; Brian Judy, Board of Registration for Professional Geologists; Denise Logsdon, Jeremy Reed, Board of Licensure for Massage Therapy; Matt James, Board of Licensed Diabetes Educators; Karen Waldrop, Department of Fish and Wildlife Resources; Dana Todd, Justice and Public Safety Cabinet; Frederick Higdon, Stephanie Stumbo, Department of Alcoholic Beverage Control; Jack Coleman, Dennis Rodgers, Department of Housing, Buildings and Construction; Stephanie Brammer-Barnes, Vonia Grabeel, Stephanie Hold, Jill Lee, Diona Mullins, Maryellen Mynear, Stuart Owen, Allison Taylor, Cabinet for Health and Family Services.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Karen Howard, Ange Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Thursday, August 7, 2014, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Income Taxation: Income Tax; General Administration
103 KAR 15:180 & E. Kentucky new markets development program tax credit. Sherman Nave, director, and Regina Ritchey, section supervisor, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 6, and 8 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 2 to correct the name of the division. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Registration for Professional Geologists: Board
201 KAR 31:100. Administrative subpoena. Brian Judy, assistant attorney general, represented the board.
In response to a question by Co-Chair Harris, Mr. Judy stated that a geologist involved in or charged with a crime was subject to board subpoena pursuant to this administrative regulation, and the action was triggered by a complaint.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical corrections; and (2) to amend Section 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Massage Therapy: Board
201 KAR 42:035. Application process, exam, and curriculum requirements. Denise Logsdon, chair, and Jeremy W. Reed, assistant attorney general, represented the board.
In response to a question by Senator Clark, Ms. Logsdon stated that this administrative regulation required an interview for each applicant with a criminal history, except for traffic violations. For consistency, each committee followed a standard interview selection process. There have been approximately two (2) to three (3) interviews monthly, and the interview committee usually met the week prior to the monthly board meeting.
In response to questions by Co-Chair Harris, Ms. Logsdon stated that the board had statutory authority to interview applicants with a felony or misdemeanor history because the board was statutorily obligated to protect the public regarding massage therapy. Massage therapy involved situations in which the public was especially vulnerable, and the board needed to be able to thoroughly assess the character of each licensee in order to fulfill the charge of public protection. Even the investigation of violations pertaining to drug paraphernalia was necessary to ensure that licensees were not working while under the influence. The board was confident that this administrative regulation established adequate requirements regarding breast massage to clarify the proper context for the procedure.
Co-Chair Marzian stated that, because massage therapy was a growing industry, it was important that these administrative regulations be as rigorous as possible.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 2, 3, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 4 to clarify that: (a) the board's purpose for the interview of applicants with a criminal history is to assess the applicant's qualifications pursuant to KRS 309.358(3) and 335B.040 relating to good moral character; and (b) the interview shall be conducted pursuant to KRS 309.362(1)(b); (5) to revise the material incorporated by reference to: (a) correct administrative regulation citations; (b) add the statutory citations relating to the board's statutory authority to consider criminal convictions; and (c) comply with the drafting requirements of KRS Chapter 13A; and (6) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:040. Renewal.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 3, and 7 to comply with the drafting requirements of KRS Chapter 13A; (4) to amend Section 1 to clarify the board's purpose of the interview for renewal applicants with a criminal history or who have been disciplined by another board; (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response; and (6) to revise the material incorporated by reference to: (a) add statutory citations relating to the board's authority to consider criminal history and discipline by other boards; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:060. Code of ethics and standards of practice for massage therapists.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:080. Programs of massage therapy instruction.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 through 5 and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 3 to: (a) add what information shall be required to be submitted with the Application for a Certificate of Good Standing of a Massage Therapy Training Program Renewal Long Form; (b) clarify that the Application for a Certificate of Good Standing of a Massage Therapy Training Program Renewal Short Form may include documentation of added listed items if these have changed since the program's initial application or last renewal; (c) require that each Short Form shall include updated information on student completion, examination pass rates, licensure rates, and placement rates; and (d) clarify what the applicant's submission of documentation with the Short Form may include; and (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:110. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3, 10, and 11 and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 5 to add a deadline for the submission of a preapproval request for a continuing education course; (3) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response; and (4) to revise the summary of material incorporated by reference to correct an administrative regulation citation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience. Matt James, assistant attorney general, represented the board.
Senator Kerr stated that, when the authorizing legislation for these administrative regulations was under consideration by the General Assembly, the diabetes educator groups predicted there would be 250 educators. Kentucky now has over 500 educators, and other states are following Kentucky’s lead.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 2 and 4 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend the Application for Licensure to correct a statutory citation; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:120. Renewal, reinstatement, and inactive status.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend Sections 1, 2, and 5 to comply with the drafting requirements of KRS Chapter 13A; (3) to update the Apprentice Renewal Application form to: (a) correct a statutory citation; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:170. Application procedures.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A; (4) to amend Section 1 to add a cross reference to the Application for Licensure Form, DE-01 incorporated by reference in 201 KAR 45:110; (5) to amend Section 3 to add that an applicant for an apprentice diabetes educator permit shall include the Supervised Work Experience Report, Form DE-05 incorporated by reference in 201 KAR 45:110 because this form is required to be submitted with the permit application; (6) to amend Section 4 to delete the Application for Licensure that is already incorporated in an existing administrative regulation; (7) to update the Application for Apprentice Diabetes Educator Permit to: (a) add a cross reference to 201 KAR 45:110; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; and (8) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 45:180. Diabetes education courses.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; (2) to amend Sections 2 and 3 to add and incorporate by reference the Application for a KBLDE Board Approved Course, Form DE-07; (3) to amend Section 2 to add what information shall accompany the application form; (4) to update the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A; and (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:178. Deer hunting on Wildlife Management Areas, state parks, other public lands, and federally controlled areas. Karen Waldrop, wildlife division director, represented the department.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Telecommunicators
500 KAR 4:011. Repeal of 500 KAR Chapter 4. Dana Todd, assistant general counsel, represented the cabinet.
Department of Criminal Justice Training: General Traffic
503 KAR 3:005. Definitions.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to add additional relevant citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend the TITLE and Section 1 for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:010. Basic law enforcement training course recruit conduct requirements; procedures and penalties.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 for clarity; (2) to amend Sections 3 and 6 to update statutory citations; and (3) to amend Sections 4, 6, 8, 9, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:040. Telecommunications (Public Safety Dispatch) Academy trainee requirements; misconduct; penalties; discipline procedures.
In response to questions by Co-Chair Harris, Ms. Todd stated that jewelry was regulated for uniformity and clarity with other, longer training programs in which trainees live on campus and wear uniforms. Simple, minimal jewelry was permitted.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 6 to update statutory citations; and (2) to amend Sections 1, 4, 6, 8, 9, and 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 3:110. Certified Court Security Officers academy trainee requirements; misconduct; penalties; discipline procedures.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to: (a) update a statutory citation; and (b) clarify exceptions to the requirement that a trainee must reside on campus; and (2) to amend Sections 1, 4, 6, 8, 9, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Malt Beverage Equipment, Supplies and Service
804 KAR 11:040. Growlers. Frederick Higdon, commissioner, and Stephanie Stumbo, malt beverage administrator, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to: (a) clarify that the cleaning and sanitizing requirements do not apply to a new growler that is being filled for the first time; (b) clarify the temperature requirements for manual washing in a three (3) compartment sink; and (c) delete the numerical limitations for malt beverage taps and tubes. Without objection, and with agreement of the agency, the amendments were approved.
Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:040. Vehicle identification. Jack Coleman, deputy commissioner, and Dennis Rodgers, field operations manager, represented the division.
In response to questions by Co-Chair Harris, Mr. Rodgers stated that these administrative regulation were primarily changes to comply with federal mandates. These administrative regulations were not in response to federal OSHA regulations.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
815 KAR 20:050. Installation permits.
815 KAR 20:060. Quality and weight of materials.
815 KAR 20:070. Plumbing fixtures.
815 KAR 20:090. Soil, waste, and vent systems.
815 KAR 20:130. House sewers and storm water piping; methods of installation.
815 KAR 20:191. Minimum fixture requirements.
A motion was made and seconded to approve the following amendment: to amend Section 18 to insert a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. Diona Mullins, policy advisor, represented the cabinet.
In response to a question by Co-Chair Harris, Ms. Mullins stated that the cabinet chose the price index used in this administrative regulation through a U.S. Department of Commerce calculation.
900 KAR 6:125. Certificate of need annual surveys.
Department for Public Health: Controlled Substances
902 KAR 55:045. Exempt prescription products. Stephanie Hold, director of audits and investigations, and Maryellen Mynear, inspector general, represented the cabinet.
In response to questions by Co-Chair Harris, Ms. Hold stated that these requirements were amended due to a conflict between the federal and Kentucky list of exemptions. Drugs on the exemption list do not have addiction concerns or are present in such minute amounts to lower the risk of addiction. The cabinet would continue to track and monitor dosages.
902 KAR 55:090. Exempt anabolic steroid products.
Division of Public Health Protection and Safety: Radon
902 KAR 95:040. Radon Contractor Certification Program. Vonia Grabeel, facilities supervisor, and Allyson Taylor, policy advisor, represented the cabinet.
Co-Chair Marzian stated that this was a good move forward to support past legislation on this subject.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to include additional relevant citations; (2) to amend Sections 1 and 2 to delete provisions that conflicted with or repeated statutory provisions; (3) to amend Section 3 to delete the registration fees for the installation of mitigation systems as the fees are not expressly authorized by KRS Chapter 211; and (4) to amend Sections 1 through 7 and 12 for clarity and to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Commissioner’s Office: Payment and Services
907 KAR 3:111. Repeal of 907 KAR 3:110. Stuart Owen, regulation coordinator, represented the department.
The following administrative regulations were deferred to the September 12, 2014 meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Commission: Commission
201 KAR 11:011. Definitions for 201 KAR Chapter 11.
201 KAR 11:105. Advertising listed property; advertising public information about specific property; when consent and authorization of owner or principal broker is required.
201 KAR 11:121. Improper conduct.
TRANSPORTATION CABINET: Kentucky Bicycle and Bikeways Commission: Motorcycle and Bicycle Safety
601 KAR 14:020. Bicycle Safety standards.
Department of Highways: Division of Maintenance: Billboards
603 KAR 10:001. Definitions.
603 KAR 10:010. Static advertising devices.
603 KAR 10:020. Electronic advertising devices.
603 KAR 10:030. Removal of vegetation related to advertising devices.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Commission on Proprietary Education: Commission
791 KAR 1:035. Student protection fund.
791 KAR 1:050. Application for license for commercial driver license training school.
791 KAR 1:060. Application for renewal of license for commercial driver license training school.
791 KAR 1:070. Commercial driver license training school instructor and agent application and renewal procedures.
791 KAR 1:091. Repeal of 791 KAR 1:090.
ENERGY AND ENVIRONMENT CABINET: Public Service Commission: Utilities
807 KAR 5:069. Filing requirements and procedures for federally funded construction project of a water association, a water district, or a combined water, gas, or sewer district.
807 KAR 5:120. Applications for certificate of public convenience and necessity for certain electric transmission lines.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Maternal and Child Health: Kentucky Early Intervention System
902 KAR 30:001. Definitions for 902 KAR Chapter 30.
Department for Medicaid Services: Division of Policy and Operations: Hospital Service Coverage and Reimbursement
907 KAR 10:825. Diagnosis-related group (DRG) inpatient hospital reimbursement.
The Subcommittee adjourned at 1:45 p.m. until September 12, 2014 at 1 p.m.